Practice Test On PHR/SPHR Study Guide By Anne Bogardus
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Questions and Answers
- 1.
True or False: Workforce planning and employment focus on the activities of staffing, retaining and exiting employees from the organization.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Workforce planning and employment indeed focus on the activities of staffing, retaining, and exiting employees from the organization. Workforce planning involves analyzing the current and future workforce needs of the organization, determining the required skills and competencies, and developing strategies to meet those needs. Employment, on the other hand, encompasses the processes of recruiting, selecting, and hiring employees to fill the vacant positions within the organization. Both of these activities are crucial for ensuring that the organization has the right people in the right positions to achieve its goals and objectives. Therefore, the given answer, True, is correct.Rate this question:
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- 2.
The EEOC (Equal Employment Opportunity Commission) oversees which of the following workforce planning and employment legislation?
- A.
Military Service
- B.
Civil Rights
- C.
Immigration
- D.
Sexual Harassment
- E.
Privacy
Correct Answer
B. Civil RightsExplanation
The EEOC oversees civil rights legislation in the context of workforce planning and employment. This includes laws that prohibit discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. The EEOC ensures that employers comply with these laws and investigates complaints of discrimination in the workplace.Rate this question:
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- 3.
The OFCCP (Office of Federal Contract Compliance Programs) oversees which of the following workforce planing and employment legislation?
- A.
Sexual Harassment
- B.
Executive Orders
- C.
Fair Credit
- D.
Military Service
- E.
Civil Rights
Correct Answer
B. Executive OrdersExplanation
The OFCCP (Office of Federal Contract Compliance Programs) oversees Executive Orders related to workforce planning and employment legislation. Executive Orders are directives issued by the President of the United States that have the force of law and are used to manage the operations of the federal government. The OFCCP ensures that federal contractors and subcontractors comply with these Executive Orders, which may include requirements related to affirmative action, equal employment opportunity, and non-discrimination.Rate this question:
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- 4.
The FTC (Federal Trade Commission) oversees which of the following workforce planing and employment legislation?
- A.
Executive Orders
- B.
Fair Credit
- C.
Mass Layoffs
- D.
Immigration
- E.
Privacy
Correct Answer
B. Fair CreditExplanation
The FTC oversees Fair Credit legislation because it is responsible for enforcing laws that protect consumers from unfair or deceptive practices related to credit. This includes ensuring that individuals are not discriminated against based on their credit history when it comes to employment decisions. The FTC works to ensure that employers comply with the Fair Credit Reporting Act, which regulates the use of consumer reports, including credit reports, in the hiring process.Rate this question:
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- 5.
The USCIS (U.S. Citizenship and Immigration Services) oversees which of the following workforce planing and employment legislation?
- A.
Military Service
- B.
Executive Orders
- C.
Immigration
- D.
Mass Layoffs
- E.
Privacy
Correct Answer
C. ImmigrationExplanation
The USCIS (U.S. Citizenship and Immigration Services) oversees immigration legislation. This means that they are responsible for managing and implementing laws and regulations related to immigration, including the employment of foreign workers, visa applications, and naturalization processes. They ensure that individuals entering or residing in the United States comply with immigration laws and regulations, and they also provide various services and benefits to immigrants.Rate this question:
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- 6.
The DOL (Department of Labor) oversees which of the following workforce planing and employment legislation?
- A.
Sexual Harassment
- B.
Military Service
- C.
Mass Layoffs
- D.
Privacy
- E.
Polygraph
Correct Answer(s)
B. Military Service
C. Mass Layoffs
E. PolygrapHExplanation
The Department of Labor (DOL) oversees the legislation related to military service, mass layoffs, and polygraph tests in workforce planning and employment. These areas are within the jurisdiction of the DOL to ensure compliance with labor laws and regulations. The DOL ensures that employers adhere to laws related to military service, such as the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the rights of employees serving in the military. Additionally, the DOL oversees laws regarding mass layoffs, such as the Worker Adjustment and Retraining Notification (WARN) Act, which requires employers to provide notice to employees in the event of large-scale layoffs. The DOL also enforces regulations related to polygraph tests in the workplace, as governed by the Employee Polygraph Protection Act (EPPA).Rate this question:
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- 7.
The DOJ (Department of Justice) oversees which of the following workforce planing and employment legislation?
- A.
Executive Orders
- B.
Fair Credit
- C.
Privacy
- D.
Polygraph
- E.
Immigration
Correct Answer
C. PrivacyExplanation
The Department of Justice (DOJ) oversees privacy legislation related to workforce planning and employment. This legislation ensures that individuals' personal information and privacy rights are protected in the workplace. The DOJ plays a crucial role in enforcing and implementing laws that govern the collection, use, and disclosure of personal information by employers. This includes laws such as the Privacy Act of 1974, which establishes safeguards for the handling of personal information by federal agencies, and other privacy laws that protect employees' privacy rights in various aspects of their employment.Rate this question:
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- 8.
True of False: Title V of the Civil Rights Act of 1964 provides for equal employment opportunities for all Americans.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The answer is Title VII, not Title V.Rate this question:
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- 9.
Title VII introduced the concepts of __________ and ___________, and it established the basis for two types of unlawful practices which are __________ and __________? Check all that apply.
- A.
Protected classes
- B.
Unlawful employment practices
- C.
Disparaging Treatment
- D.
Disparate Impact
- E.
Disparate Treatment
Correct Answer(s)
A. Protected classes
B. Unlawful employment practices
D. Disparate Impact
E. Disparate TreatmentExplanation
Title VII of the Civil Rights Act introduced the concepts of protected classes and unlawful employment practices. It established the basis for two types of unlawful practices, which are disparate impact and disparate treatment. Disparate impact refers to policies or practices that may appear neutral but have a disproportionately negative impact on a particular protected class. Disparate treatment, on the other hand, refers to intentional discrimination against individuals based on their membership in a protected class. Both of these concepts are important in addressing and preventing discrimination in the workplace.Rate this question:
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- 10.
What were the original 5 protected classes identified under Title VII? All lower case, please.
Correct Answer(s)
race, color, religion, national origin, sexExplanation
If the computer-graded you incorrect, but you got these 5 correct, it could be because of case and/or the order you listed your answer.Rate this question:
- 11.
Disparate impact occurs when an employment practice, that appears to be fair, unintentionally discriminates against a __________ ___________. Looking for two words, both lower case please.
Correct Answer(s)
protected classExplanation
You may have entered these words, but received an "incorrec,t" due to case.Rate this question:
- 12.
True or False: Discriminatory access to training or apprenticeship programs is an unlawful practice identified in Title VII.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Discriminatory access to training or apprenticeship programs is considered an unlawful practice under Title VII. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. This includes discrimination in access to training or apprenticeship programs. Therefore, it is true that discriminatory access to such programs is unlawful according to Title VII.Rate this question:
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- 13.
What does BFOQ stand for?
- A.
Bona Fide Operations Quotient
- B.
Bona Fide Occupational Qualification
- C.
Bona Fide Occupational Quality
Correct Answer
B. Bona Fide Occupational QualificationExplanation
Page #143Rate this question:
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- 14.
A BFOQ occurs when religion, sex or national origin is _______________ of the business.
- A.
"Reasonably necessary to the nominal organization"
- B.
"Reasonably necessary to the normal operation"
- C.
"Reasonably necessary to the nominal orientation"
Correct Answer
B. "Reasonably necessary to the normal operation"Explanation
Page #143Rate this question:
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- 15.
True or False: The EEOC is the enforcement agency for Title VII.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The EEOC, or Equal Employment Opportunity Commission, is indeed the enforcement agency for Title VII. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex, and national origin. The EEOC is responsible for investigating and enforcing complaints related to violations of Title VII, ensuring that individuals are protected from discrimination in the workplace. Therefore, the statement "The EEOC is the enforcement agency for Title VII" is true.Rate this question:
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- 16.
In which of the following years was Title VII amended?
- A.
1969
- B.
1972
- C.
1976
- D.
1978
- E.
1991
Correct Answer(s)
B. 1972
D. 1978
E. 1991Explanation
Each of these amendments added important legislation to Title VII. See pp #143-144 for a detailed explanation.Rate this question:
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- 17.
Which act protects persons 40 years or older, in employment activities?
- A.
EEOA
- B.
ADEA
- C.
ABCD
- D.
BBOQ
Correct Answer
B. ADEAExplanation
ADEA = Age Discrimination in Employment Act of 1967.Rate this question:
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- 18.
The Age Discrimination in Employment Act of 1967 applies to businesses, unions, employment agencies and state & local governments with more than ______ employees. Please fill in the blank with a number, using digits, not spelling it out.
Correct Answer
20Explanation
The Age Discrimination in Employment Act of 1967 applies to businesses, unions, employment agencies, and state & local governments with more than 20 employees. This means that any organization falling under these categories and having 20 or more employees is required to comply with the provisions of this act, which prohibits age discrimination in employment practices.Rate this question:
- 19.
True of False: There are no exceptions to ADEA.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
As with Title VII, there are some exceptions to ADEA legislation. See page #145 for details on these exceptions.Rate this question:
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- 20.
Which of the following are true statements?
- A.
ADEA rights cannot ever be waived
- B.
ADEA rights waiver gets no less than 21 days to review agreement
- C.
ADEA rights waiver has no less than 7 days to revoke the agreement
Correct Answer(s)
B. ADEA rights waiver gets no less than 21 days to review agreement
C. ADEA rights waiver has no less than 7 days to revoke the agreementExplanation
Under certain circumstances, ADEA rights can be waived. If waived, there must be no less than 21 days to review the agreement. If agreed, no less than 7 days to revoke the agreement. Note, if waivers are made in conjunction with exit incentives than the protected individuals must be given no less than 45 days to consider the agreement.Rate this question:
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- 21.
True or False: Employees can file EEO complaints are the state level.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Employees can file EEO complaints at the state level. This means that if an employee believes they have been discriminated against based on factors such as race, gender, or disability, they have the right to file a complaint with the appropriate state agency responsible for enforcing equal employment opportunity laws. This allows employees to seek resolution and potential remedies for any discriminatory actions they have experienced in the workplace.Rate this question:
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- 22.
If an EEO claim is filed at the state level, what is the name of the state agency with whom they file?
- A.
Fair Employee Protocol Agency
- B.
Fair Employment Practices Agency
- C.
Fair and Equal Treatment Agency
Correct Answer
B. Fair Employment Practices AgencyExplanation
The correct answer is Fair Employment Practices Agency. When an EEO claim is filed at the state level, it is typically filed with the Fair Employment Practices Agency. This agency is responsible for enforcing state laws related to fair employment practices and ensuring equal treatment in the workplace. They investigate complaints of discrimination, harassment, and other violations of employment laws, and take appropriate action to resolve these issues and protect the rights of employees.Rate this question:
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- 23.
True of False: The American with Disabilities Act (ADA) of 1991 was based in large part on the Rehabilitation Act of 1973.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The correct answer is True. The American with Disabilities Act (ADA) of 1991 was indeed based in large part on the Rehabilitation Act of 1973. The Rehabilitation Act of 1973 was the first major legislation to prohibit discrimination against individuals with disabilities, and it served as a foundation for the ADA. The ADA expanded upon the protections provided by the Rehabilitation Act and extended them to the private sector as well. Both acts aimed to ensure equal opportunities and accessibility for individuals with disabilities.Rate this question:
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- 24.
ADA requirements state that employers must make __________ __________. Looking for two words. Please use lower case for both words.
Correct Answer
reasonable accommodationExplanation
ADA requirements state that employers must make "reasonable accommodation". This means that employers are obligated to make necessary changes or adjustments in the workplace to accommodate employees with disabilities, allowing them to perform their job duties effectively. These accommodations can include modifications to work schedules, equipment, or policies, as long as they do not cause undue hardship to the employer. The purpose of this requirement is to ensure equal opportunities and access for individuals with disabilities in the workplace.Rate this question:
- 25.
True or False: If an organization can prove a disparate impact, it does not have to provide reasonable accommodation under ADA.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
An organization must prove undue hardship to avoid having to offer reasonable accommodation.Rate this question:
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- 26.
True or False: The ADA Amendment Act of 2008 allows for reverse discrimination claims.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The ADA Amendment Act of 2008 does not allow for reverse discrimination claims. This act was established to strengthen the protections provided by the Americans with Disabilities Act (ADA) and to clarify the definition of disability. It aims to prevent discrimination against individuals with disabilities, not to enable reverse discrimination claims. Therefore, the statement is false.Rate this question:
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- 27.
Which of the following statement(s) about the The Civil Rights Act (CRA) of 1991 is/are true?
- A.
It affected Title VII, ADEA and ADA
- B.
This act places the burden of proof for disparate impact, onto the employer
- C.
To confirm statutory authority and provide statutory guidelines for cases of disparate impact
Correct Answer(s)
A. It affected Title VII, ADEA and ADA
C. To confirm statutory authority and provide statutory guidelines for cases of disparate impactExplanation
The Civil Rights Act (CRA) of 1991 affected Title VII, ADEA, and ADA, expanding their scope and protections. Additionally, the act confirmed the statutory authority and provided guidelines for cases of disparate impact, placing the burden of proof on the employer. This means that employers are responsible for proving that their policies or practices that have a disproportionate impact on protected groups are job-related and necessary for the business. The CRA of 1991 aimed to strengthen civil rights protections and ensure equal opportunities for all individuals in the workplace.Rate this question:
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- 28.
Which of the following statements are correct regarding the effect on Title VII by the CRA of 1991?
- A.
Excluded back pay awards
- B.
Party to a civil suite may not demand a jury trial
- C.
Included foreign operations of American companies
- D.
Provides for punitive damages in certain cases
Correct Answer(s)
A. Excluded back pay awards
C. Included foreign operations of American companies
D. Provides for punitive damages in certain casesExplanation
With CRA 1991, a party to a civil suit was allowed to demand a jury trial. Foreign operations of American companies were included under CRA 1991, where that country's law did not conflict with CRA 1991.Rate this question:
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- 29.
For an organization with 101-200 employees, the punitive and compensatory damage limits are? Select the correct answer.
- A.
$50,000
- B.
$100,000
- C.
$200,00
Correct Answer
B. $100,000Explanation
For an organization with 101-200 employees, the punitive and compensatory damage limits are $100,000. This means that if the organization is found liable for damages, they can be required to pay up to $100,000 in punitive and compensatory damages.Rate this question:
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- 30.
The Genetic Information Nondiscrimination Act (GINA) of 2008 defines genetic information as... Check all that are correct.
- A.
Results of genetic tests
- B.
Information about genetic diseases
- C.
Disorders revealed through genetic testing
Correct Answer(s)
A. Results of genetic tests
B. Information about genetic diseases
C. Disorders revealed through genetic testingExplanation
The Genetic Information Nondiscrimination Act (GINA) of 2008 defines genetic information as including results of genetic tests, information about genetic diseases, and disorders revealed through genetic testing. This means that any information obtained from genetic tests, such as the results of these tests, information about genetic diseases, and disorders identified through genetic testing, is considered genetic information under GINA. GINA aims to protect individuals from genetic discrimination by prohibiting the use of genetic information in employment and health insurance decisions.Rate this question:
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- 31.
Which of the following statements about GINA are correct? Check all that apply.
- A.
GINA allows employers to purchase genetic information
- B.
Employers may request genetic information as required by FMLA.
- C.
Information that is shared with employers should only be done so in aggregate form.
Correct Answer(s)
B. Employers may request genetic information as required by FMLA.
C. Information that is shared with employers should only be done so in aggregate form.Explanation
GINA does not allow employers to request, require or purchase genetic information.Rate this question:
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- 32.
True or False: The Rehabilitation Act of 1973 only applies to the federal government.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The Act applies to the federal government and federal contractors with contracts worth $10,000 or more over a 12 month period.Rate this question:
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- 33.
Is there an employment act for Vietnam Veterans?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes, there is an employment act for Vietnam Veterans. This act provides certain protections and benefits to veterans of the Vietnam War, including employment preferences and assistance in finding employment. The act aims to ensure that Vietnam Veterans are not discriminated against in the workplace and have equal opportunities for employment.Rate this question:
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- 34.
What is the name of the Vietnam Veterans' act? You may answer one of two ways; spelled out, or by its acronym.
Correct Answer
Vietnam Era Veterans' Readjustment Assistance Act
VEVRA
vevra
vietnam era veterans' readjustment assistance actExplanation
The Act was established in 1974Rate this question:
- 35.
True or False: VEVRA defines a Vietnam era veteran as someone who served on active duty between August 5, 1964, and May 7, 1975.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
VEVRA (Vietnam Era Veterans' Readjustment Assistance Act) does indeed define a Vietnam era veteran as someone who served on active duty between August 5, 1964, and May 7, 1975. This act was enacted to provide support and assistance to veterans who served during the Vietnam War era. Therefore, the statement "True" accurately reflects the definition provided by VEVRA.Rate this question:
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- 36.
True or False: Executive Orders (EO) automatically become law.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
An EO becomes law 30 days after it is published in the Federal Register.Rate this question:
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- 37.
EOs that become law are enforced by ___________
- A.
EEOC
- B.
USCIS
- C.
DOL
- D.
OFCCP
- E.
DOJ
Correct Answer
D. OFCCPExplanation
EOs that become law are enforced by the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP is responsible for ensuring that federal contractors and subcontractors comply with the laws and regulations regarding equal employment opportunity and affirmative action. They conduct audits and investigations to ensure compliance and take appropriate enforcement actions if violations are found. The other options listed, EEOC, USCIS, DOL, and DOJ, are all government agencies but have different responsibilities and jurisdictions.Rate this question:
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- 38.
EO 11246 prohibits employment discrimination on the basis of... Check all that apply.
- A.
Creed
- B.
Color
- C.
Race
- D.
Sex
- E.
National Origin
Correct Answer(s)
A. Creed
B. Color
C. Race
E. National OriginExplanation
EO 11246 did not include sex as a protected class.Rate this question:
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- 39.
True or False: EO 11375 expanded EO 11246, prohibiting discrimination based on sex.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
EO 11375 expanded EO 11246 by prohibiting discrimination based on sex. This means that under EO 11375, it is illegal to discriminate against individuals based on their sex in areas such as employment, housing, and public accommodations. This expansion was an important step towards ensuring equal rights and opportunities for all individuals, regardless of their gender.Rate this question:
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- 40.
True or False: EO 11470 expanded EO 11246 to include handicapped persons and persons over 40 as protected classes.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
EO 11478 expanded 11246 to include handicapped persons and persons over 40 as protected classes.Rate this question:
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- 41.
Which of the following EOs expanded EO 11246 to included sexual orientation as a protected class?
- A.
12138
- B.
13087
- C.
13152
Correct Answer
B. 13087Explanation
EO 13087 expanded EO 11246 to include sexual orientation as a protected class. This means that under EO 11246, it is illegal to discriminate against individuals based on their sexual orientation in areas such as employment, federal contracting, and federally assisted programs. EO 13087 was issued to ensure equal opportunities and protections for individuals regardless of their sexual orientation.Rate this question:
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- 42.
Did EO 13152 expand EO 11246 by including "status as a parent" to the list of protected classes?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
EO 13152 expanded EO 11246 by including "status as a parent" to the list of protected classes. This means that under EO 13152, discrimination based on an individual's status as a parent is prohibited and considered a protected class.Rate this question:
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- 43.
True of False: There are two levels of compliance for EOs.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
There are two levels of compliance for EOs. This statement implies that there are two distinct levels or categories that determine compliance with EOs (Executive Orders). These levels could refer to different degrees or types of compliance measures, such as basic compliance and advanced compliance, or compliance at the individual level and organizational level. Without further context, it is difficult to determine the specific nature of these compliance levels.Rate this question:
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- 44.
The two levels of compliance are... Check all correct statements.
- A.
Level I - contractors with contracts totaling $10,000 or more over a 12 month period
- B.
Level II - contractors with 25 or more employees that have contracts of $50,000 or more.
Correct Answer
A. Level I - contractors with contracts totaling $10,000 or more over a 12 month periodExplanation
Level II EO compliance is for contractors with 50 or more employees and $50,000 worth of contracts.Rate this question:
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- 45.
Do all employers that are subject to TItle VII have to complete an EEO-1 report?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
Any employer that is subject to Title VII is required to complete an EEO-1 report, except those listed on p #153.Rate this question:
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- 46.
Select all of the types of EEO-1 reports that an organization may have to complete.
- A.
Headquarters report
- B.
Locations with 50+ employees
- C.
Locations with less than 50 employees
- D.
Conglomerated report
- E.
Consolidated report
Correct Answer(s)
A. Headquarters report
B. Locations with 50+ employees
C. Locations with less than 50 employees
E. Consolidated reportExplanation
An organization may have to complete several types of EEO-1 reports. The Headquarters report is required if the organization has a central office or headquarters. Locations with 50+ employees report is necessary if any of the organization's locations have 50 or more employees. Locations with less than 50 employees report is required if any of the organization's locations have less than 50 employees. Lastly, a Consolidated report is necessary to combine all the data from the different reports into a single comprehensive report.Rate this question:
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- 47.
True or False: EEO-1 Race/Ethnic categories were expanded to 7 for all reports due on or before September 30, 2007.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
See pp #153-154 for the listing of the 7 categories.Rate this question:
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- 48.
The components of an affirmative action plan (AAP) are... Check all that apply. Note, not all components are on this list.
- A.
Organizational profile
- B.
Job group analysis
- C.
Placement of incumbents in job groups
- D.
Determination of availability
- E.
Placement goals
Correct Answer(s)
A. Organizational profile
B. Job group analysis
C. Placement of incumbents in job groups
D. Determination of availability
E. Placement goalsExplanation
In addition to these listed here, the AAP should have; designation of the person responsible for implementation within the business, action-oriented programs, periodic internal audits.Rate this question:
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- 49.
The goal of strategic workforce planning is to ensure that... Please use all lower case to complete this sentence.
Correct Answer(s)
qualified employees are available when the organization needs them.Explanation
Please see p #158 for a discussion of this concept.Rate this question:
- 50.
An effective workforce planning process is based on ________? Please check all that apply.
- A.
Goals and objectives that forecast organization's future workforce needs
- B.
Job analysis that identifies knowledge, skills and abilities (KSAs) needed in future
- C.
Identification of qualified employees
- D.
Translate goals and objectives into tactical staffing plans
Correct Answer(s)
A. Goals and objectives that forecast organization's future workforce needs
B. Job analysis that identifies knowledge, skills and abilities (KSAs) needed in future
C. Identification of qualified employees
D. Translate goals and objectives into tactical staffing plansExplanation
An effective workforce planning process is based on goals and objectives that forecast the organization's future workforce needs. This ensures that the organization has a clear understanding of its future staffing requirements and can align its workforce accordingly. Additionally, job analysis is essential in identifying the knowledge, skills, and abilities (KSAs) that will be needed in the future, allowing the organization to develop appropriate training and development programs. Identification of qualified employees ensures that the organization has the right talent in place to meet its future needs. Finally, translating goals and objectives into tactical staffing plans helps to ensure that the organization's workforce planning efforts are executed effectively and efficiently.Rate this question:
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